OUI-LIQUOR (0.19 BAC) NOT GUILTY

Hanover Police were dispatched to a motor vehicle accident in which a motor vehicle had ended up in a wooded area. Upon arrival, the police officer observed a red pick-up truck in the woods approximately 15-feet off the roadway. The motor vehicle was damaged and hit several branches. There was no one inside the vehicle. The officer observed approximately 100 feet of skid marks leading up to the motor vehicle. While checking the area for the operator, Defendant approached the police officer. The officer asked who he was to which the Defendant replied, “It’s my truck.” The officer asked him if he was driving the truck and the Defendant replied, “Yeah, I don’t know what the fuck happened.” The officer observed that the Defendant had bloodshot eyes and smelled of alcohol. Defendant stated to the officer, “I’m fucked.” Defendant failed all field sobriety tests, which included the alphabet test, the counting test, the nine step heel-to-toe test, and the one-legged stand. Back at the police station, Defendant agreed to take a breath test and his blood alcohol content was 0.19, more than double the legal limit. Attorney Gerald J. Noonan acquitted his client of OUI-Liquor by attacking the Commonwealth’s case by showing that the Commonwealth failed to present sufficient evidence to show that the Defendant was the “operator” of the motor vehicle.

Result: Attorney Gerald J. Noonan gets Not Guilty on OUI-Liquor charge where defendant had a blood alcohol content of 0.19.